Partial disability & job loss for hotel & company

You needed to assert on employer. Unions do help and can help in such matters.

Unions in your state have traditionaly been strong.

One Presdpective: Escalate (as per internal matrix) to good offices of appointing authority, MD, CEO to exhaust the internal options and make them a party.

Other Prespective: You have waited enough. Your counsel may opine that you can approach CGIT than going in for conciliation. (If you are covered by the def. of Workman).

Appropriate Govt. in your case is Central and not state. (Don’t err).

In one case/thread at LCI the querist (Unit Manager) that was supported by us posted that he approached CGIT and he succeeded.

Other Prespective: As per schedules mentioned in the Acts for compensation posted for you, your designation might be covered. Employer could have informed the Commissioner as in the Act and police. The links that I have sent to you are sufficient to indicate what/how much compnesation you can get.

If you are not covered by enactmenst (The links that I have sent to you are exhaustive) then you have to approach Civil Courts.

Civil Courts may/may not order reinstatement except in case of compelling merits and ability and skills of your counsel or you as (PIP) but can decide compensation on compelling merits and ability and skills of your counsel or you as (PIP).

Views of A(PI) is pragmatic and you can pursue the details posted for you.  

A seasoned counsel/Law firm worth his/her salt and of unshakable repute specializing in such matters is suggested.

Avoid imposters/fake one’s loitering at various online portals to allure the unsuspecting employee’s/citizens.

Terminated employees or even persons facing say divorce matters are easy targets and easy to fleece.

Your employees’/trade unions leaders, elders, well wishers, colleagues, family lawyer, DBA officials etc etc  can suggest a good counsel/law firm to you.

You can also inquire at Labor Court, CGIT, Civil Courts, CAT,HC.

Choose a very able, senior and seasoned counsel wisely.

Hope you will take it positively.

Your career has been spoiled.

Or you have spoiled it.

Now either get the situation resolved by your own skills or with help and support from unions or your very able counsel.

The Last PIP is 3rd PIP as per your 2nd post in the thread.

As far as OP (Employer and its attorney’s in Line Mangement and HR that might also be stakeholders in PIP) is concerned it is likely to claim that it is as per PIP policy and 3rd chance was given to you (Employee).

Hope you have downloaded the PIP policy, PIP sheets signed by you and Line Mangers and HR. Hope you have related the said PIP policy with T&C as in appointment letter and Service Rules applicable to you ( as narrated in appointment letter).

As per your post: In 3rd PIP you have data, record, to confirm that it was employer that was at fault.Since you were physically compromised and must have submitted the medical reports the employer could have given you some other/alternate job till you recover fully to do the job of BM.You have still not recovered from after-effects of medical injury and are rather say equivalent to being sick. The foundation of termination mentions disciplinary action, is punitive and order is stigmatic.

The appointment leter issued to you might contain clause that in case of low performance your terms of appointment can be revised.

However the termination order does indicate disciplinary action also, as per your last post.

You met with accident while on duty and compensation in such case might have become applicable so the employee should have been properly guided by employer on how to apply and avail from whom………………………….and so much so that employer could have submitted information to concerned lawful authority.

As per your post: it was not done, by employer………………………..and rather you have been vindicated.

OP (They) won’t agree on merits that are on your side.

{The term      in a   contract of employment entered into by  a     private employer  which  is unfair, unreasonable  and unconscionable is bad in law}

You (as PIP) and your counsels need to build on facts, record, merits that are on your side and also if your rights as employee have been infringed upon and violations of Principles of Natural Justice, applicable enactments and its provisions.

If you wish: Take off some time to discuss with employees’/trade unions.

In Civil Courts: The employer may press ‘Specific Relief Act’ and its provisions.

As already posted: Your counsel can help you to understand options, merits in each option and if you are convinced with merits you may proceed further, as deemed fit by you.